TERMS OF SERVICE

  1. DEFINITIONS

The general terms and conditions set forth below shall apply to all sales of goods and services for SC SC Fitness Land S.R.L. (“Wellness Tech”), the virtual store www.wellnesstech.ro for purchase and can be modified at any time by WellnessTech.

Thus, the following terms will have the following meanings:

Buyer – person / or legal entity that buys Goods from Seller.

Seller – the company SC Fitness Land S.R.L., having its registered office in Tg Mureș, Piata Republicii 21A, Mureș county, registration number at the Trade Register: J26 / 96/2001, CUI RO13689889

Goods and Services – any product or service, including documents offered by Seller

Order – an electronic document that acts as a form of communication for the Seller and the Buyer for care The seller agrees to deliver the Goods and Services and the Buyer agrees to the primary function Goods and Services and for a payment.

Contract – an Order confirmed by the Seller.

Intellectual Property Rights (hereinafter IPR) – all intangible rights such as know-how, copyright or copyright, database rights, design rights, patents and registration of domain names belonging to Seller

Specifications – all specifications or descriptions of the Goods and Services specified in the Order.

  1. TERMS

By accessing the website at https://wellnesstech.ro, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for complying with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

By launching an electronic or telephone Order on the aforementioned site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller carries out its operations.

The order will be composed of the following documents, in order of importance:

  1. The order (together with the clear mentions of delivery and invoicing data) and its specific conditions
  2. Buyer Specifications (where applicable)
  3. Terms and conditions

If the Seller confirms the Order, this will imply a complete acceptance of the terms of the Order. Acceptance of the Order by the Seller is considered completed when there is a verbal (telephone) or electronic (e-mail) confirmation from the Seller to the Buyer, without requiring an acknowledgment of receipt from him. The seller does not consider at any time an unconfirmed order as having the value of a Contract.

Order confirmation is done by phone or electronically (e-mail).

The prices of the products in the order are valid for 2 working days from the date of registration of the order.

The general terms and conditions of sale will be the basis of the Contract thus concluded.

  1. EXTENSION OF THE SELLER’S OBLIGATIONS
  2. The Seller will use his professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Goods and Services that meet the requirements, needs and specifications of the Buyer;
  3. The information presented on the seller’s sites is informative and may be modified by the Seller, without prior notice. Also, for reasons related to space and coherence of the information structure, product descriptions may be incomplete, but the seller makes efforts to present the most relevant information, so that the product is used in the parameters for which it was purchased;
  4. Communication with the store – can be done by communicating through the addresses mentioned in the “contact” section. Opinions or addresses containing insults or inappropriate language will be excluded or ignored. The seller has the freedom to manage the information received without having to bring justifications for it.
  5. In case of an unusually high volume of traffic coming from an internet network, wellnesstech.ro reserves the right to ask the users to manually enter the validation codes of captcha type, in order to protect the information within the site.
  6. ASSIGNING AND SUBCONTRACTING

The Seller may assign and/or subcontract a third party for services related to the fulfilment of the Order, with the obligation of informing the Buyer,  but without the need for his consent. The Seller will always be liable to the Buyer for all contractual obligations.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)

The Buyer understands the intellectual property right and will not disclose to a third party or make public (on the Internet or media), any of the information received from the Seller.

Also, the site name as well as any graphic content visible on the site are registered trademarks owned by SC Fitness Land S.R.L. and may not be taken over, copied or used without the written consent of the owner.

Permission is granted to temporarily download one copy of the materials (information or software) on SC Fitness Land S.R.L. ‘s website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:

  1. modify or copy materials;
  2. use materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on SC Fitness Land S.R.L. ‘s website;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or “mirror” the materials on any other server.

This licence shall automatically terminate if you violate any of these restrictions and may be terminated by SC Fitness Land S.R.L. at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

  1. DISCLAIMER

The materials on SC Fitness Land S.R.L. ‘s website are provided on an ‘as is’ basis. SC Fitness Land S.R.L. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, SC Fitness Land S.R.L. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

  1. CONFIDENTIALITY – ADVERTISING

The information of any kind provided by the Buyer to the Seller, will remain the property of the Seller. They may be used only for the execution of the contract/Order and may be made known only with the written consent of the Seller and after obtaining a commitment of confidentiality from the recipient.

No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer regarding the order without the prior written consent of the Seller.

Wellness Tech messages are transmitted through specialized partners approved by Wellness Tech. This ensures the confidentiality and security of information.

By transmitting information or materials through this site, you give the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Seller may freely use, in its own interest, these ideas, concepts, know-how or techniques that you have sent us through the site www.wellnesstech.ro. SC Fitness Land S.R.L. will not be subject to obligations regarding the confidentiality of the information sent, unless the legislation in force does not provide other specifications in this regard.

By registering in the Wellness Tech database, the buyer offers his express consent, within the limits of the legislation in force, to be contacted by third parties, partners of Wellness Tech: marketing service providers, other service providers; state, governmental or insurance agents, when specific legislation so provides; other companies with which Wellness Tech can develop joint programs to offer our products and services on the market, etc.

  1. LIMITATIONS

In no event shall SC Fitness Land S.R.L. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on SC Fitness Land S.R.L. ‘s website, even if SC Fitness Land S.R.L. or a SC Fitness Land S.R.L. authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  1. ACCURACY OF MATERIALS

The materials appearing on SC Fitness Land S.R.L. ‘s website could include technical, typographical, or photographic errors. SC Fitness Land S.R.L. does not warrant that any of the materials on its website are accurate, complete or current. SC Fitness Land S.R.L. may make changes to the materials contained on its website at any time without notice. However, SC Fitness Land S.R.L. does not make any commitment to update the materials.

  1. LINKS

SC Fitness Land S.R.L. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SC Fitness Land S.R.L. of the site. Use of any such linked website is at the user’s own risk.

  1. PENALTY TERMS

If the terms of delivery and/or start of the Order cannot be observed, the Seller is obliged to notify the Buyer of the estimated term of completion of the delivery. The Buyer will have the right to claim additional damages from the Seller, when allowed by law, in case of total or partial non-fulfilment by the Seller of the execution of the Contract in accordance with the established terms.

In case the Buyer delays the payment of the goods due to his fault within the term provided in the invoice issued by the Seller, he is obliged to pay a penalty of 0.5% per day of the amount due.

If Seller receives erroneous information related to the invoicing or delivery of the products, a new order fulfilment term will be established, which will be within 5-7 working days.

  1. BILLING – PAYMENTS

The prices of the products and services displayed within the site www.wellnesstech.ro include VAT according to the law in force.

The price, the payment method and the payment term are specified in the Order. The Seller will issue to the Buyer an invoice for the delivered Goods and Services, the Buyer’s obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.

For orders over 1000 RON, the Seller reserves the right to request full or partial payment in advance.

  1. RISKS AND RESPONSIBILITIES
  2. Delivery

The Seller undertakes to ship the Goods and Services in a door-to-door courier system to the Buyer or in the Wellness Tech showrooms, according to the Customer’s option.

  1. Transport – Packaging

The value of the transport will be paid by Wellness Tech.

Unless agreed otherwise by the Seller and the Buyer, the Seller discharges the risks and responsibilities associated with the Goods and Services when delivering them to the domestic courier company with which the Buyer collaborates or to the Buyer’s representative.

The Seller will ensure the proper packaging of the Goods and Services and will ensure the transmission of the accompanying documents.

The Seller will deliver the Goods and Services on Romanian territory.

  1. ACCEPTANCE

Acceptance will be made when the Goods and Services comply with the technical characteristics mentioned in the Order. If the Buyer discovers that the Products delivered or the Services provided do not comply with the technical specifications, then the Seller will bring the Products and Services into conformity.

  1. WARRANTIES

All products sold by the site www.wellnesstech.ro benefit from warranty conditions in accordance with the legislation in force.

  1. TRANSFER OF PROPERTY

Ownership of the Goods and Services will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (Delivery – the receipt of the transport document provided by the courier or the receipt on the attached to the invoice in case of deliveries by Seller staff). In the case of delivery by courier, the Buyer is not authorized to open the packages before signing the delivery, but only after signing the delivery and paying their respective value.

 

  1. RESPONSIBILITY

The Seller cannot be liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller’s fulfilment of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for loss of products.

The Seller will be liable if its subcontractors and/or partners of any kind involved in the execution of the Order do not fulfil any of the contractual obligations.

  1. PROCESSING OF PERSONAL DATA

In order to carry out its activity and fulfil the contractual obligations under Orders, Wellness Tech processes personal data. They are processed in accordance with EU European Regulation no. 679/2016 (GDPR).

In accordance with the requirements of the European Regulation 679/2016 on the processing of personal data, Wellness Tech has the obligation to safely manage the personal data you provide us about you and only for the specified purposes.

  1. FORCE MAJEURE

Neither party will be liable for non-performance of its contractual obligations if such non-performance is due to a force majeure event. Force majeure is the unpredictable event, beyond the control of the parties and which cannot be avoided.

  1. APPLICABLE LAW – JURISDICTION

This contract is subject to Romanian law. Any disputes between Wellness Tech and Users/Customers/Buyers will be settled amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts.

  1. MODIFICATIONS

SC Fitness Land S.R.L. may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.

  1. GOVERNING LAW

These terms and conditions are governed by and construed in accordance with Romanian laws and you irrevocably submit to the exclusive jurisdiction of the courts in that country.